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Patna High Court

Dashrath MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

Dashrath Mandal was arrested in connection with a violent incident in Shampur where a group, allegedly including him, assaulted the son of an informant, leading to the victim's death. The prosecution charged him under Sections 126(2), 115(2), 103(1), 352 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The petitioner contended that he was falsely implicated, that no specific allegation of assault was made against him, and highlighted that similarly situated co‑accused had already been granted bail. The State opposed bail, citing the seriousness of the offence. After considering the submissions and the fact that the petitioner had no prior criminal record and had been in custody since December 2025, the Court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner despite the charge of causing death under the Bhartiya Nyaya Sanhita
  • Whether the lack of a specific allegation against the petitioner warrants bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • homicide
  • assault
  • Bhartiya Nyaya Sanhita
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19540 of 2026
                      Arising Out of PS. Case No.-156 Year-2024 Thana- SHAMPUR District- Munger
                 ======================================================
                 Dashrath Mandal, Son of Late Bani Mandal @ Banarsi Mandal, Resident of
                 Village- Laxman Tola, Agarhan, P.S.- Shampur, District- Munger
                                                                           ... ... Petitioner/s

                                                      Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Surya Narayan Sah, Adv.
                 For the Opposite Party/s :      Mr. Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   13-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with

                   Shampur P.S. Case No. 156 of 2024 dated 19.11.2024 instituted

                   for the offence punishable under Sections 126(2), 115(2),

                   103(1), 352 & 3(5) of the Bhartiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, is that the present

                   F.I.R. has been lodged against seven accused persons including

                   the petitioners. It is alleged that co-accused Jito Mandal, in an

                   intoxicated condition, created a nuisance at the Kirana shop of

                   the informant's son, which was opposed by him. Thereafter, the

                   co-accused began recording a video of the incident and the

                   mobile phone was allegedly snatched by the informant's son.

                   Subsequently, the co-accused returned to the scene accompanied
Patna High Court CR. MISC. No.19540 of 2026(3) dt.13-05-2026
                                            2/3




          by other accused persons including the petitioner, all armed with

          lathi, danda and iron rod and they allegedly assaulted the

          informant and his son. As a result, the informant's son sustained

          grievous injuries and was taken to the hospital, where he

          succumbed to the injuries.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and he has been falsely implicated in this

          case. Learned counsel for the petitioner further submits that

          main allegation is against Bhuneshwar Mandal who assaulted

          the son of the informant. There is no specific allegation of

          assault against the petitioner, rather, the allegation against the

          petitioner is general and omnibus. It is further submitted that

          similarly situated co-accused persons, namely, Mithlesh Kumar,

          Hariom @ Chotu & Pintu Mandal have been granted bail vide

          order dated 05.06.2025 passed by a co-ordinate Bench of this

          Court in Criminal Miscellaneous No. 34780 of 2025. Lastly, it

          has been submitted that the petitioner is in custody since

          23.12.2025 having no criminal antecedents. Charge-sheet has

          been submitted in the case.

                       5. Learned A.P.P. has opposed the prayer for bail of

          the petitioner.

                       6. Having considered the facts and circumstances of
           Patna High Court CR. MISC. No.19540 of 2026(3) dt.13-05-2026
                                                       3/3




                     the case and submissions of learned counsel for the parties, let

                     the petitioner be released on bail upon furnishing bail bonds of

                     Rs. 10,000/- (ten thousand) with two sureties of the like amount

                     each to the satisfaction of the learned Chief Judicial Magistrate,

                     Munger in connection with Shampur P.S. Case No. 156 of

                     2024.


                                                                  (Khatim Reza, J)

premchand/-

U      T


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